Sanjay Deka v. The State of Assam and 6 Ors

ORDER

29.01.2024

¶1Heard Mr. D. Das, learned counsel for the petitioner in WP(C) 2258/2023. Also heard Mr. S. Sarma, learned counsel for the respondent No. 5 in WP(C) 2258/2023 and the writ petitioner in WP(C) 6957/2023. Mr. K. Gogoi, learned counsel appears for the state respondents while Mr. T.J. Mahanta, learned Sr. Counsel appears for the Sivasagar Municipal Board.

¶2The two writ petitions are being disposed of by this common order, inasmuch as, the issue in both the cases are similar and pertaining to whether the petitioner should continue to collect taxes on a daily basis from the Central Market in Ward No.8 under Sivasagar Municipal Board. Page No.# 4/7

¶3The petitioner and others had taken part in the selection process for settlement of the Central Market in Ward No.8 under Sivasagar Municipal Board for the period 2022-23 on the basis of an advertisement. The petitioner in WP(C) No.2258/2023 was selected as a successful tenderer. However, due to certain delays and problems, the Central Market was settled with the petitioner in WP(C) No.2258/2023 for a period of 10 months only, that is, from 01.06.2022 to 31.03.2023. It may be stated here that there is no challenge to the settlement of the market to the petitioner in WP(C) No.2258/2023 for the period from 01.06.2022 to 31.03.2023.

¶4Subsequent to the expiry of the settlement period of the market with the petitioner in WP(C) No. 2258/2023, the Sivasagar Municipal Board approved the proposal for extension of the settlement of Central Market to the petitioner for a further period of 1 year from 01.04.2023 to 31.03.2024, vide resolution dated

13.03.2023. The said resolution/proposal was to be approved by the Director of Municipal Administration.

¶5The petitioner's counsel submits that the petitioner has been collecting the taxes from the Central Market on a daily basis since 01.04.2023 till today, in terms of the resolution passed by the Sivasagar Municipal Board on 31.03.2023, as no final approval of the proposal has been forthcoming from the Director.

¶6The petitioner in WP(C) 2258/2023 prays that a direction should be issued to the Sivasagar Municipal Board to issue a formal order, extending the period of settlement of the Central Market in Ward No.8 in favour of the petitioner, in terms of the resolution No. 1(Ka) adopted in the Special Meeting of Sivasagar Municipal Board held on 04.03.2023. Page No.# 5/7

¶7The counsels for all the other respondents submit that the proposal to extend the settlement of the market with the petitioner made by the Sivasagar Municipal Board, needed the prior approval of the Director of Municipal Administration in terms of Rule 2 of the 'Rules for Procedure for the Sale of Pounds and Markets By Municipal Boards and Town Committees in Assam' as notified vide Notification No.LML 51/58, dated 24.06.1958. They submit that unless the previous approval of the Director of Municipal Administration is given to the proposal for extension of the market in favour of the petitioner in WP(C) No.2258/2023, the proposal made by the Sivasagar Municipal Board has no validity and cannot be acted upon.

¶8Mr. T.J. Mahanta, learned Sr. Counsel appearing for the Sivasagar Municipal Board also submits that in terms of Rule 3 of the 'Rules for Procedure for the Sale of Pounds and Markets By Municipal Boards and Town Committees in Assam', the right to collect taxes and levy fines in respect of market places will have to be initiated by the Municipal Board before 14th February of each year and as the proposal of the Municipal Board for extension of the settlement of the market in favour of the petitioner in WP(C) No.2258/2023 has not been approved by the Director of Municipal Administration, the petitioner does not have any right to carry on as the settlement holder of the market. Mr. Mahanta, learned Sr. Counsel submits that in view of the above facts and circumstances, the petitioner in WP(C) 2258/2023 has been allowed to collect taxes from the market on a daily basis in terms of the resolution passed by the Municipal Board on 31.03.2023 and not on a seasonal basis.

¶9I have heard the learned counsels for the parties. Page No.# 6/7

¶10Rule 2 and 3 of the 'Rules for Procedure for the Sale of Pounds and Markets by Municipal Boards and Town Committees in Assam' states as follows- "2. The period of lease for a pound or market shall be one year provided that the Board may if it thinks fit, with previous approval of the Director of Municipal Administration extend the period of lease for a total period of two years but not exceeding one year at a time.

¶3The sale by public auction of the right to levy fines and charges in respect of any pounds and to collect the authorised fees in respect of any market shall be held, public notice having been given one month previously, not later then the 14th day, of February in the financial year preceding that in which the lease is to take effect."

¶11A perusal of the above Rules clearly goes to show that the extension of a settlement of a market can only be made with the approval of the Director of Municipal Administration and no right accrues to a settlement holder, whose proposal for extension has not been approved by the Director of Municipal Administration.

¶12Rule 3 also provides that the settlement of markets should be initiated prior to 14th February of each year and in view of the above Rule 3, there is no ground to allow the prayer of the petitioner for extending his settlement rights over the Central Market which had expired on 31.03.2023, beyond 31.03.2023. Consequently, in view of the above reasons, the petitioner in WP(C) No. 2258/2023 has no right to continue as a settlement holder of the market, as the settlement period has expired. Accordingly, WP(C) No. 2258/2023 is dismissed.

¶13As the Director of Municipal Administration has not taken a decision on the proposal for extension of settlement of the market, the Director is accordingly Page No.# 7/7 directed to take a decision on the proposal made by the Sivasagar Municipal Board, with regard to whether extension of the petitioner's settlement of the Central Market of Ward No.8 should be approved. The decision should be taken within a period of 1(one) week from the date of receipt of a certified copy of this order. In the event no decision is taken by the Director, the same will imply that the Director has rejected the proposal for extension. Thereafter, the Sivasagar Municipal Board is to initiate the process for a fresh settlement of the market in terms of Rule 3 of the 'Rules for Procedure for the Sale of Pounds and Markets By Municipal Boards and Town Committees in Assam.'

¶14It is further directed that the new selection process to be initiated and the selection of the successful tenderer should be concluded on or before

31.03.2024.

¶15The writ petitions are accordingly disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/7 GAHC010088882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2258/2023o ANUPALoDASo S/O-oSRIoRANJIToDAS,oR/O-oRADHIKAoSHANTIoPATH,oWARDoNO.oNO.o3,o SIVASAGARoTOWNoUNDERoSIVASAGARoMUNICIPALoBOARD,oP.O.,oP.S.oAND DIST.oSIVASAGAR,oASSAM-785640. VERSUSo SIVASAGARoMUNICIPALoBOARDoANDo3oORS.o REPRESENTEDoBYoITSoCHAIRPERSON,oP.O.,oP.S.oANDoDIST.oSIVASAGAR,o ASSAM,oPIN-o785640. 2:CHAIRPERSON oSIVASAGARoMUNICIPALoBOARD oP.O. oP..SoANDoDIST.oSIVASAGAR oASSAM oPIN-o785640. 3:EXECUTIVEoOFFICER oSIVASAGARoMUNICIPALoBOARD oP.O. oP.S.oANDoDIST.oSIVASAGAR oASSAM oPIN-o785640. 4:THEoDIRECTOR oMUNICIPALoADMINISTRATION oASSAM oDISPUR oGHY-o6. 5:SHRIoSANJAYoDEKA Page No.# 2/7 SON OF TARUN DEKA RESIDENT OF WARD NO. 4 POST OFFICE POLICE STATION AND DISTRICT- SIVASAGAR ASSAM Advocate for the Petitioner : MR. DITUL DAS Advocate for the Respondent : SC, SIVASAGAR MUNICIPAL BOARD Linked Case : WP(C)/6957/2023 SANJAY DEKA S/O- TARUN DEKA R/O- 4 NO. WARD P.O. P.S. AND DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-781006. 2:THE SECRETARY MUNICIPAL ADMINISTRATIVE DEPARTMENT DISPUR GUWAHATI-06. 3:THE DIRECTOR MUNICIPAL ADMINISTRATIVE DEPARTMENT DISPUR GUWAHATI-06. 4:THE MUNICIPAL BOARD SIVASAGAR REPRESENTED BY THE CHAIRPERSON SIVASAGAR ASSAM PIN- 785640. 5:THE EXECUTIVE OFFICER Page No.# 3/7 SIVASAGAR MUNICIPAL BOARD SIVASAGAR ASSAM PIN- 785640. 6:THE JOINT SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-06. 7:ANUPAL DAS S/O- RANJIT DAS RADHIKA SANTI PATH WARD NO. 03 SIVASAGAR PIN- 785640 DIST. SIVASAGAR ASSAM ------------ Advocate for : MR. B K DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA